Section 482 , Cr.P.C. for quashing of the FIR on
the ground of compounding the offence. That petition under
Section 482 Cr.P.C ... Cr.P.C. but Section 120B IPC, the other count on which the
petitioner has been convicted, is a non-compoundable offence.
Section 120B (Criminal
Section 320 in The Code of Criminal Procedure, 1973
320. Compounding of offences.
(1) The offences punishable under the sections of the Indian Penal Code ... third column of that Table :- [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 23 (i) for the Table.] [TABLE
Cr.P.C . in general and Sections 320320(1), (2) or (6) of the Cr.P.C . in particular. The scheme of Section 320 Cr ... punishable under I.P.C . and reference to Sub-section (1) of Section 320 i.e., Table I shown in Section 320 Cr.P.C
examine from the Cr.P.C.,
the provisions of Section 29, which provides the sentence which a
magistrate may pass; Section 320 which stipulates cases ... virtue of an order made under
the Cr.P.C.
28. Sections 29 and 320 of the Cr.P.C., are relevant for the present
section (2) of Section 320 Cr.P.C. deals with the offences punishable under the sections of I.P.C . specified in the first ... Section 320 Cr.P.C, therefore, makes it clear that if offence of defamation under Section 500 I.P.C. is committed against the persons
under I.P.C . or
any other Special Act , procedure under Cr.P.C . has to be
followed unless Special Act provides procedure. Offence ... under Section 362
Cr.P.C. In the instant case, the powers under
Section 482 Cr.P.C. have not been sought to be
invoked
Cr.P.C. read along with
Sections 4 and 5 Cr.P.C. can lead only to the conclusion that the offence
under Section ... powers under Section 482 Cr.P.C., though in a different context, and the
rationale underlying in Section 482 Cr.P.C. is expressed
Section 307 of the I.P.C. is not such an offence which could be
compounded under Section 320 of the Code of Criminal Procedure ... Cr.P.C. which deals with
second concept. Code of Criminal Procedure , so far as it relates to the
provisions contained under Section 320 Cr
provisions of Section 320 Cr.P.C. It is further held that exercise of power under Section 482 Cr.P.C. or Article ... Constitution or under Section 482 Cr.P.C. to direct doing something which the Cr.P.C . has expressly prohibited. Section 320(9) Cr.P
I.P.C . The offence under
section 341 I.P.C. is compoundable under Section 320(1) Cr.P.C.
even without the permission ... under Section 320
(1) Cr.P.C. file a negative final report under Section 173 Cr.P.C. to the
Magistrate recommending to the Magistrate
